Please read through the decision as best you can and write a 500 word summary and critical analysis of it. Submit you reading by using the discussion feature above. Remember to use your real name in some manner so I know who you are.
The relevant constitutional phrase is the Suspension Clause, Art. I, §9, cl. 2: The Privilege of the Writ of Habeas Corpus shall not be suspended, unless when in Cases of Rebellion or Invasion the public Safety may require it.
The Supreme Court voted 5-4 to approve habeas corpus for the detainees, but justices wrote four decisions two supporting two opposing the decision.
- Kennedy, J., delivered the opinion of the Court, in which Stevens, Souter, Ginsburg, and Breyer, JJ., joined. - Souter, J., filed a concurring opinion, in which Ginsburg and Breyer, JJ., joined. - Roberts, C. J., filed a dissenting opinion, in which Scalia, Thomas, and Alito, JJ., joined. - Scalia, J., filed a dissenting opinion, in which Roberts, C. J., and Thomas and Alito, JJ., joined.
From the Majority
I - Background of the case
II - Question Presented: As a threshold matter, we must decide whether MCA §7 denies the federal courts jurisdiction to hear habeas corpus actions pending at the time of its enactment. We hold the statute does deny that jurisdiction, so that, if the statute is valid, petitioners' cases must be dismissed.
III -
A - Framers view of Habeas Corpus
B - Constitutional History of Habeas Corpus
IV - Does Habeas Corpus apply outside US borders?
A
B
C
V - Is the Detainee Treatment Act an appropriate substitute for Habeas Corpus?
A
B
C
Please read through the decision as best you can and write a 500 word summary and critical analysis of it. Submit you reading by using the discussion feature above. Remember to use your real name in some manner so I know who you are.
Click here for the Supreme Court decision: The Supreme Court decision in FindLaw
You may wish to refer to this ScotusWiki page for background and link to the briefs submitted top the Supreme Court for or against the petitioners.
The relevant constitutional phrase is the Suspension Clause, Art. I, §9, cl. 2: The Privilege of the Writ of Habeas Corpus shall not be suspended, unless when in Cases of Rebellion or Invasion the public Safety may require it.
You can find historical background to the privilege of the writ of Habeas Corpus at the Founder's Constitution.
Relevant Legislation:
- Detainee Treatment Act of 2005
- Military Commissions Act of 2006
- Authorization for Use of Military Force
The Supreme Court voted 5-4 to approve habeas corpus for the detainees, but justices wrote four decisions two supporting two opposing the decision.
- Kennedy, J., delivered the opinion of the Court, in which Stevens, Souter, Ginsburg, and Breyer, JJ., joined.
- Souter, J., filed a concurring opinion, in which Ginsburg and Breyer, JJ., joined.
- Roberts, C. J., filed a dissenting opinion, in which Scalia, Thomas, and Alito, JJ., joined.
- Scalia, J., filed a dissenting opinion, in which Roberts, C. J., and Thomas and Alito, JJ., joined.
From the Majority
I - Background of the case
II - Question Presented: As a threshold matter, we must decide whether MCA §7 denies the federal courts jurisdiction to hear habeas corpus actions pending at the time of its enactment. We hold the statute does deny that jurisdiction, so that, if the statute is valid, petitioners' cases must be dismissed.
III -
A - Framers view of Habeas Corpus
B - Constitutional History of Habeas Corpus
IV - Does Habeas Corpus apply outside US borders?
A
B
C
V - Is the Detainee Treatment Act an appropriate substitute for Habeas Corpus?
A
B
C
VI -
A
B